2011-05-12 •
CITY EXAS O F
SOUTH LAKE
T
1 REGULAR ZONING BOARD OF ADJUSTMENT MEETING: MAY 12, 2011
2
3 Location: Southlake Council Chambers
4 1400 Main Street, Southlake, Texas
5
6 Members Present: Chairman Laird Fairchild; Vice - Chairman Michael Forman; and Board
7 Members: Shawn McCaskill; Michael Waldman; Lisa Amend, Alternate 1; Phyllis Lambert,
8 Alternate 2; Chad Patton, Alternate 3 and Dustin Andrews, Alternate 4.
9
10 Members Absent: Kate Smith
11
12 Staff Present: Dennis Killough, Deputy Director of Planning & Development Services; Richard
13 Schell, Planner II; and Dianna Brawner, Board Secretary.
14
15 Agenda Item No. 1 — Call to Order: Chairman Fairchild called the May 12, 2011 Zoning Board
16 of Adjustment meeting to order at 6:30 p.m.
17
18 Agenda Item No. 2 — Approval of the Minutes: Chairman Fairchild opened the discussion of
19 the minutes of the Zoning Board of Adjustment meeting held on April 28, 2011.
20
21 A motion was made to approve the minutes of the Zoning Board of Adjustment meeting held on
22 April 28, 2011, as presented.
23
24 Motion: Forman
25 Second: Waldman
26 Ayes: Waldman, McCaskill, Forman, Andrews, Patton, Amend, Fairchild
27 Nays: None
28 Abstain: Lambert
29 Vote: 7-0-1
30
31 Motion: Carried
32
33 Agenda Item No. 3 — Administrative Comments: Richard Schell, Planner II, announced that
34 we have one submittal for the May 26, 2011 meeting.
35
36 Chairman Fairchild called Agenda Item No. 5 - ZBA -610 out of order and called for a motion to
37 accept the applicant's request to table until the May 26, 2011 meeting.
38
39 Agenda Item No. 5 - ZBA -610, Variance to Rear Yard Setback: Variance to Ordinance No.
40 480, Section 14.5(d), requiring a rear yard setback of forty (40) feet. The applicant is requesting
41 a rear yard setback of thirty -five (35) feet ten (10) inches to construct an addition to the principal
42 residence. The property is located at 1025 Summerplace Lane, being described as Lot 10,
43 Block 3 Summerplace Addition, and addition to the City of Southlake, Tarrant County, Texas,
44 and being approximately 0.289 acres. The current zoning is "SF -20B" — Single Family
45 Residential District. Applicant: Threvolution.
46
47 The applicant has requested to table this item to the May 26, 2011 Zoning Board of Adjustment
48 meeting.
49
Zoning Board of Adjustment Meeting — May 12, 2011
Page 1 of 3
50 A motion was made to table ZBA -610, Variance to Rear Yard Setback, to the May 26, 2011
51 Zoning Board of Adjustment meeting at the applicant's request.
52
53 Motion: Forman
54 Second: Waldman
55 Ayes: Waldman, McCaskill, Forman, Amend, Fairchild
56 Nays: None
57 Abstain: None
58 Vote: 5-0
59
60 Motion: Carried
61
62 Agenda Item No. 4 - ZBA -609, Variance to Front and Rear Yard Setbacks: Variance to
63 Ordinance No. 480, Section 29.6 (b), requiring a front yard setback of not Tess than fifteen (15)
64 feet and Section 29.6(d), requiring a rear yard setback of not less than twenty -five (25) feet,
65 except that the principal building may encroach as close to fifteen (15) feet to the rear property
66 line as long as no more than fifty percent (50 %) of the area between the twenty -five (25) foot
67 and fifteen (15) foot rear yard area and the ten (10) foot side yard setbacks is encroached. The
68 applicant is requesting a front yard setback of (10) feet and a rear yard setback of ten (10) feet.
69 The property is located at 1135 Haven Circle, being described as Lot 18R, East Haven Addition,
70 an addition to the City of Southlake, Tarrant County, Texas and being approximately 0.195
71 acres. The current zoning is MH — Manufactured Housing District. The applicant is Jeff Tufts.
72
73 Richard Schell, Planner II, reported twenty -seven (27) notices were mailed out within two
74 hundred (200) feet with three (3) responses having been received, Mark A. Schulte, 1200
75 Haven Circle, Southlake, Texas, opposed; Bill and Myrna Keller, 1125 Haven Circle, Southlake,
76 Texas, opposed; Jim Marlen, 1210 Haven Circle, Southlake, Texas, opposed.
77
78 The applicant Jeff Tufts, 1812 Masters Drive, DeSoto, Texas; once sworn in, presented items
79 and answered questions from the Board.
80
81 Chairman Fairchild opened the public hearing at 7:13 p.m. and asked if there was anyone
82 wishing to speak in favor of the request.
83
84 Chris Drenowatz, 1312 Palo Duro Trail, Southlake, Texas; once sworn in, spoke in support of
85 this item and would like to see the variance granted.
86
87 Chairman Fairchild asked if there was anyone wishing to speak in opposition to the request.
88
89 Jim Marlen, 1210 Haven Circle, Southlake, Texas; once sworn in, expressed concerns about
90 the negative impact on the neighbors and the development.
91
92 Mark Schulte, 1200 Haven Circle, Southlake, Texas; once sworn in, expressed concerns about
93 the negative impact on the neighbors.
94
95 William Keller, 1125 Haven Circle, Southlake, Texas; once sworn, expressed concerns about
96 the negative impact on his property and that more variances would be requested if this one was
97 granted.
98
99 Chairman Fairchild offered the applicant a chance for rebuttal.
100
Zoning Board of Adjustment Meeting - May 12, 2011
Page 2 of 3
101 Jeff Tufts, 1812 Masters Drive, DeSoto, Texas; once sworn in, presented his rebuttal and
102 introduced his contractor Roger Hill.
103
104 Roger Hill, 8420 Glen Eagle, Ovilla, Texas; once sworn in, gave additional information and
105 answered questions from the Board.
106
107 Mr. Tufts then asked Board member Dustin Andrews how he felt about the case since he was a
108 property owner in the subdivision.
109
110 Chairman Fairchild noted that Board member Andrews had recused himself from the case.
111
112 Board member Andrews stated that he felt that the applicant wasn't asking for too much.
113
114 Chairman Fairchild allowed a one minute response to the rebuttal.
115
116 Jim Marten, 1210 Haven Circle, Southlake, Texas; came forward and Chairman Fairchild
117 reminded Mr. Marlen that he was still under oath. Mr. Marten expressed his concerns about
118 Board member Dustin Andrews, commenting on the case after he had recused himself.
119
120 Mark Schulte 1200 Haven Circle, Southlake, Texas; came forward and asked for a clarification
121 on deed restrictions requiring front facing garages.
122
123 Chairman Fairchild closed the public hearing at 7:56 p.m. and opened discussion from the
124 Board.
125
126 After a discussion, the Board decided to table ZBA -609 until the May 26, 2011 meeting in hopes
127 that the applicant could bring the architect to this meeting so he might answer questions
128 regarding the design, to give Mr. Tufts and the Haven Circle neighbors a chance to talk, and to
129 clarify the deed issues in question.
130
131 A motion was made to table ZBA -609, until the May 26, 2011 Zoning Board of Adjustment
132 meeting.
133
134 Motion: McCaskill
135 Second: Waldman
136 Ayes: Forman, McCaskill, Waldman, Amend, Fairchild
137 Nays: None
138 Abstain: None
139 Vote: 5-0
140
141 Motion: Carried
142
143 Agenda Item No. 6 — Meeting Adjournment: Chairman Fairch' adjourned the meeting at
144 8:06 p.m. on May 12, 2011.
145
146
147 Laird F rchild
148 Chairman
149
150 ATTEST:
151
152
153
154 Dianna Brawner
155 Board Secretary
Zoning Board of Adjustment Meeting — May 12, 2011
Page 3 of 3